78-228

The most fundamental element of the Central Purchasing Act is the competitive bidding requirement. The Purchasing Division is charged with administering the provisions of the purchasing laws and policing the procedure. Multiple award contracts for procurement of certain commodities is not, as a matter of law, inconsistent with state statutes. Multiple award contracts have been used since the Central Purchasing Act became effective. Citing Peterson v. Oklahoma Tax Commission, 395 P.2d 388 (Okl. 1964), for the holding that where the legislature has convened many times during the period of administrative construction of a statute without expressing its disapproval, such silence may be regarded as acquiescence in or approval of the administrative construction, the Opinion stated that by virtue of the fact that the multiple award contract procedure had been in effect for sixteen years without legislative action to alter or amend it, the legislature has acquiesced to the procedure as consistent with its intent in enacting the Central Purchasing Act. See 74 O.S. §85.7.

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Attorney General Opinion No. 78-228

Purchasing Reference Guide